CITY OF MIAMI BEACH DECLARATION OF A STATE OF EMERGENCY RELATING TO HIGH IMPACT PERIOD (E.O. 2021-05-SB) AMENDED ON MARCH 31, 2021

Page created by Anne Warner
 
CONTINUE READING
DocuSign Envelope ID: FBBBEF4D-6413-496D-996E-D2ECF2271D9A

                                         CITY OF MIAMI BEACH
                DECLARATION OF A STATE OF EMERGENCY
                   RELATING TO HIGH IMPACT PERIOD
                          (E.O. 2021-05-SB)
                               AMENDED ON MARCH 31, 2021

                 WHEREAS, the City of Miami Beach is an internationally renowned tourist destination
         that is famous for its beautiful beaches, world-class shopping, entertainment, fine dining, and
         vast array of artistic and cultural events; and

                WHEREAS, in recent years, the City has seen an increasingly large number of visitors
         during the Spring Break period, which has posed significant challenges including, but not
         limited to, extreme traffic and congestion, and severe impacts to the City’s Police, Fire,
         Sanitation, and Code Compliance services; and

                 WHEREAS, this year, the City has experienced an alarmingly high number of persons
         arriving into the City during the Spring Break period, along with a significant number of visitors
         traveling to the City due to the availability of reduced airfares, hotel rates, and vacation rental
         rates (“High Impact Period”); and

                WHEREAS, many visitors to the City during the High Impact Period have demonstrated
         a disregard for the rule of law; and

                 WHEREAS, during the High Impact Period, multiple fights, brawls, melees, and other
         public displays and disturbances of the peace have occurred, resulting in numerous injuries to
         civilians and police officers, and causing extensive property damage to both public and private
         property; and

                WHEREAS, in addition, many of the City’s visitors during the High Impact Period
         continue to gather and socialize in extremely close proximity to one another without any facial
         coverings or regard for appropriate social distancing, which poses a direct threat to the health
         of themselves, their families and others, in violation of Miami-Dade County Emergency Orders
         and City Emergency Orders issued in response to the COVID-19 pandemic; and

                WHEREAS, in response to unruly behavior exhibited by these large crowds during the
         High Impact Period, the City has required the assistance of additional police officers from
         various law enforcement agencies, such as the Miami-Dade County Police Department, Miami
         Gardens Police Department, Coral Gables Police Department and the Florida Highway Patrol,
         in an attempt to control the unruly crowds and maintain law and order in the City; and
DocuSign Envelope ID: FBBBEF4D-6413-496D-996E-D2ECF2271D9A

         Declaration of a State of Emergency - EO No. 2021-05-SB
         March 31, 2021
         Page 2 of 5

                WHEREAS, the City’s Police Department and its law enforcement partners have
         effectuated 1,182 arrests from February 3, 2021 to March 28, 2021; and

                WHEREAS, more than 450 of such arrests have been for felony offenses, and at least
         116 firearms have been seized in the foregoing time period; and

                WHEREAS, the majority of arrests, as well as the fights and other disturbances of the
         peace have taken place in the area bounded by 5th Street on the south, 16th Street on the
         north, Pennsylvania Avenue on the west, and Ocean Drive on the east (the “High Impact
         Zone”); and

               WHEREAS, these disturbing incidents and arrests in the High Impact Zone have
         garnered significant attention from various news outlets and media throughout the world; and

                 WHEREAS, based upon safety concerns, a number of business establishments in the
         High Impact Zone have voluntarily closed their establishments, in the best interest and welfare
         of their patrons and employees; and

                 WHEREAS, the City has broad authority pursuant to its inherent police powers to
         implement emergency measures upon the declaration of a state of emergency, and the courts
         “have consistently held that it is a proper exercise of police power to respond to emergency
         situations with temporary curfews that might curtail the movement of persons . . . .” See 7020
         Entertainment, LLC v. Miami-Dade County, No. 20-25138, 2021 WL 516282 (S.D. Fla. Feb.
         11, 2021) (citing Smith v. Avino, 91 F.3d 105, 109 (11th Cir. 1996)); and

                WHEREAS, in Smith, the Eleventh Circuit Court of Appeal held that “governing
         authorities must be granted the proper deference and wide latitude necessary for dealing with
         the emergency.” Id.; and

                WHEREAS, I, as Interim City Manager, have determined that, pursuant to Section 26-
         31 of the City Code, a State of Emergency exists in the City; and

                WHEREAS, the City Manager is authorized, pursuant to Section 26-33 of the City Code,
         to order and promulgate any (or all) of those discretionary emergency measures set forth
         therein, in whole or in part, with such limitations and conditions as the City Manager may deem
         appropriate, including the establishment of curfews; and

                WHEREAS, pursuant to Section 26-35 of the City Code, the duration of such
         discretionary emergency measures is limited to a period of seventy-two (72) consecutive hours,
         unless an extension is authorized by the City Commission; and

                                                             2
DocuSign Envelope ID: FBBBEF4D-6413-496D-996E-D2ECF2271D9A

         Declaration of a State of Emergency - EO No. 2021-05-SB
         March 31, 2021
         Page 3 of 5

                WHEREAS, on March 20, 2021, I, as Interim City Manager, declared a State of
         Emergency throughout the City, in response to the overwhelmingly large number of visitors to
         the City (including on public streets, sidewalks, and other public property) during the High
         Impact Period, and in order to protect the public health, safety, and welfare of the City’s
         residents, businesses, and visitors (“Declaration of a State of Emergency”); and

                WHEREAS, on March 21, 2021, the Mayor and City Commission adopted Resolution
         No. 2021-31656, authorizing the City Manager to extend the Declaration of a State of
         Emergency for an additional period of seven (7) days, commencing at 5:01 p.m. on March 23,
         2021, and ending at 5:00 p.m. on March 30, 2021; and further authorizing the City Manager to
         extend the Declaration of a State of Emergency in the City of Miami Beach for two (2) additional
         7-day increments, which would commence at 5:01 p.m. on March 30, 2021, and end at 5:00
         p.m. on April 13, 2021.

               NOW, THEREFORE, I, RAUL J. AGUILA, as Interim City Manager for the City of Miami
         Beach, Florida, declare as follows:

         Pursuant to the authority vested in me under Section 26-31 of the Miami Beach City Code, I
         have determined that there is reason to believe that there exists a continuing clear and present
         danger of riot or other general public disorder, widespread disobedience of the law, and
         substantial injury to persons or to property, all of which constitute an imminent threat to public
         peace or order, and to the general welfare of the City of Miami Beach.

         In order to avert such clear and present dangers, and in order to control unruly crowds,
         mitigate dangerous and illegal conduct, and to protect the public health, safety and welfare
         of the residents and visitors of the City of Miami Beach, I take this immediate action in good
         faith and deem it to be NECESSARY.

         Accordingly, I HEREBY extend the Declaration of a State of Emergency throughout the
         City of Miami Beach, commencing at 5:01 p.m. on March 30, 2021, which Declaration
         shall continue in full force and effect until April 6, 2021, at 5:00 p.m., unless otherwise
         extended by the Mayor and City Commission, or by the City Manager pursuant to
         Resolution No. 2021-31656. Additionally, I hereby ORDER and PROMULGATE the
         following emergency measures, which are reasonably and necessarily implemented in
         response to this declared State of Emergency:

             1. Commencing on Thursday, April 1, 2021, through the morning of Monday, April 5,
                2021, a curfew shall be imposed each night from 8:00 p.m. through 6:00 a.m. in the
                area bounded by 5th Street on the south, 16th Street on the north, Pennsylvania
                Avenue on the west, and Ocean Drive on the east (the “High Impact Zone”).
                Restaurants within the High Impact Zone shall be permitted to continue to operate for
                delivery services only. Pursuant to Section 26-33(a)(1) of the City Code, the curfew

                                                             3
DocuSign Envelope ID: FBBBEF4D-6413-496D-996E-D2ECF2271D9A

         Declaration of a State of Emergency - EO No. 2021-05-SB
         March 31, 2021
         Page 4 of 5

                 shall not apply to the provision of designated essential services, such as fire, police
                 and hospital services, including the transportation of patients thereto, utility emergency
                 repairs, construction activities, emergency calls by physicians, and individuals making
                 deliveries from restaurants. Notwithstanding the foregoing, the curfew shall not apply
                 to the Española Way corridor between Pennsylvania Avenue and Washington Avenue.

             2. Commencing on Thursday, April 1, 2021, through the morning of Monday, April 5,
                2021, a license plate reader police detail shall be utilized on eastbound lanes on the
                MacArthur Causeway and Julia Tuttle Causeway from 10:00 p.m. through 6:00 a.m.
                each night.

             3. Commencing on Thursday, April 1, 2021, through the morning of Monday, April 5,
                2021, eastbound lanes on the Venetian Causeway shall be completely CLOSED to
                traffic from 10:00 p.m. through 6:00 a.m. each night, except to City residents, guests
                of hotels/short-term rentals in the City, employees of businesses establishments in the
                City, and individuals making deliveries from restaurants.

             4. Commencing on Thursday, April 1, 2021, through the morning of Monday, April 5,
                2021, from 8:00 p.m. through 6:00 a.m. each night, Ocean Drive shall be CLOSED to
                pedestrian and vehicular traffic, except to City residents requiring access to or from
                their homes, guests of hotels/short-term rentals requiring access to or from their
                hotels/short-term rental properties, employees of business establishments, and
                individuals making deliveries from restaurants. Other public roads within the High
                Impact Zone may be closed as deemed necessary by the Interim City Manager or
                Chief of Police.

             5. Commencing on Thursday, April 1, 2021, through the morning of Monday, April 5,
                2021, from 8:00 p.m. through 6:00 a.m. each night, all sidewalk café operations,
                including expanded outdoor restaurant seating, shall be SUSPENDED in the High
                Impact Zone, pursuant to the City's High Impact Ordinance and City Commission
                Resolution No. 2021-31599. All sidewalk café operators are directed to stack or
                remove tables and chairs no later than 8:00 p.m. each night. Notwithstanding the
                foregoing, the measures in this paragraph shall not apply to the Española Way corridor
                between Pennsylvania Avenue and Washington Avenue.

         The City strongly urges all businesses in the High Impact Zone to close voluntarily during the
         State of Emergency.

         THE EMERGENCY MEASURE(S) THAT HAVE BEEN ORDERED AND PROMULGATED
         HEREIN ARE EFFECTIVE IMMEDIATELY, AND SHALL REMAIN IN EFFECT UNTIL
         APRIL 6, 2021 AT 5:00 P.M., UNLESS OTHERWISE DETERMINED BY THE MIAMI
         BEACH CITY COMMISSION BY DULY ENACTED RESOLUTION IN REGULAR OR

                                                             4
DocuSign Envelope ID: FBBBEF4D-6413-496D-996E-D2ECF2271D9A

         Declaration of a State of Emergency - EO No. 2021-05-SB
         March 31, 2021
         Page 5 of 5

         SPECIAL SESSION, OR BY THE CITY MANAGER PURSUANT TO RESOLUTION NO.
         2021-31656.

         Any violation of these emergency measure(s) shall subject the individual, operator,
         business entity, or organization to arrest and criminal prosecution pursuant to Section 26-
         36 and Section 1-14 of the City Code.

                                                                   CITY OF MIAMI BEACH, FLORIDA

                                                                   ___________________________
                                                                   Raul J. Aguila, Interim City Manager
                                                                                   3/31/2021 | 5:34 PM EDT
                                                                   Date and Time: ______________

         ATTEST:

                                                        3/31/2021 | 5:35 PM EDT
         _______________________________
         Regis Barbou
         Office of the City Clerk

                                                               5
You can also read